Remedies for Patent, Trademark, and Copyright Infringement Patent The remedy statute for patent infringement states, “Upon finding for the claimant the court shall award the claimant damages adequate to compensate for the infringement, but in no event less than a reasonable royalty for the use made of the invention by the infringer, together with interest [...]
Please join us on Monday, March 13, 2023 at Noon , where we will discuss two CAFC decision for Patents: one re: Written Description requirements and the other re: Patentable Subject Matter under Section 101. For CAFC Written Description requirements, please see: University of Minnesota v. Gilead Sciences at 21-2168.OPINION.3-6-2023_2090143. For CAFC re: Patentable Subject [...]
Please join us Monday, March 6, 2023 where we will discuss Rx patent monopoly issues and Lizzo's TM win. Specific case discussions will include: AbbVie Rx Patent Monopoly Strategy Against Biosimilars - AbbVie makes Humera for arthritis and extended its monopoly for 7 years past the 2016 expiration date of its basic patent on the [...]
SoCal IP Law Institute MCLE meeting of February 27, 2023 - Emerging IP issues in Artificial Intelligence Please join us Monday, February 27, 2023 where we will discuss emerging IP issues related to artificial intelligence. Specific case discussions will include: Zarya of the Dawn copyright registration cancellation Thaler v. Vidal (AI inventor case) Andersen et [...]
Judges won't readily dismiss a lawsuit. Usually, they will give the plaintiff several chances to correct flaws in a complaint before dismissing with prejudice. It's especially rare to see a judge dismiss a patent suit with prejudice because the infringement allegation is so weak that the patentee has no chance of success. These rare cases [...]
SoCal IP Law Institute MCLE meeting of December 12, 2022 - Two New Patent Venue Cases Please join us on Monday, December 12, 2022, at 12:00 p.m. where we will discuss a pair of venue decisions bearing on patent practice: In re Monolithic Power Sys., 50 F.4th 157 (Fed. Cir. 2022) (here) – Monolithic sought [...]
Please join us Monday 10/31 at 12 noon for an overview of key features of patent tools available from PatentBots. www.patentbots.com
Vancouver-based Lululemon ("Lulu"), founded in 1998, is famously known for their boujee yoga-inspired activewear. Industry competitor Aliign Activation Wear (“Aliign”) filed suit against Lulu in the Central District of California back in mid-2020, primarily alleging that Lulu was infringing its Aliign trademark, which Aliign said it has been using since 2011. You see, Lulu rolled [...]
SoCal IP Law Institute MCLE meeting of August 15, 2022 - CAFC re: Recapture During a Broadening Reissue; and CAFC re: Expert Witnesses and Obviousness. Please join us on Monday, August 15, 2022 at Noon , where we will discuss CAFC re: Recapture During a Broadening Reissue; and CAFC re: Expert Witnesses and Obviousness. For [...]
Please join us on Monday, August 8, 2022 at 12:00 pm, where we will discuss the following: Novartis Pharm. Corp. v. Accord Healthcare, Inc., 38 F.4th 1013 (Fed. Cir. 2022) (rehearing decision here) - Novartis prevailed in the 5th Circuit on the validity of its claims under the Written Description Requirement based on a negative [...]